Customs, Excise and Gold Tribunal - Calcutta
M/S. Bharat Petroleum Corporation Ltd. vs C.C.E., Calcutta -I on 24 May, 2001
ORDER
Archana Wadhwa
1. The prayer in the application is for dispensing with the condition of redeposit of duty amount of Rs. 3,98,94,726.00 (rupees three crore ninety eight lac ninety four thousand seven hundred twenty six only) and penalty amount of Rs. 40 lac (rupees forty lac only) confirmed against and imposed on the applicant/appellant by the impugned order of the authorities below.
2. On matter being called, Shri Jayanta Ganguly, Manager (Lubricant) appeared before us and prayed for adjournment on the ground that their officials are busy in audit being conducted at Bombay and as such are not able to cause appearance before the Tribunal. However from the records we find that on the previous date of hearing that is 14.5.2001 an identical request was made and the matter was adjourned to today in the interest of justice. It was made clear that no further adjournment would be granted. We also note that the revenue involved is much on the higher side and the appellant have already enjoyed unconditional stay right form 1997 when the impugned order was passed without depositing a single penny. Accordingly after rejecting the request for adjournment we proceed to hear Shri N.C. Roychowdhry, learned Senior Advocate with Shri Prantosh Mukherjee, Advocate).
3. The dispute in the preset appeal is in resect of classification of 'Lubricant Oil' and availability of Notification No. 120/84-CE. After hearing the learned Senior Advocate Shri N.C. Chowdhury for the Revenue and after going though the impugned order passed by the Commissioner we find that the issue involved is arguable and contentious form both sides. Final view can only be taken at the time of final hearing of the appeal. We also note that no financial hardship has been pleaded by the appellant in the Stay Application. Keeping all these factors into account we direct the applicants/appellants to deposit 50% (fifty per cent) of the confirmed amount of duty within period of eight weeks from today. Subject o deposit of the above amount of duty, the balance amount of duty and penalty shall stand waived and its recovery stayed during the pendency of the appeal. It is made clear that failure to comply with the above order would result in automatic dismissal of the appeal without any further notice to the appellants. matter to come up for ascertaining compliance with the above order on 8th August, 2001.
(Dictated & pronounced in Court)